THE Supreme Court will have two vacancies for the chief justice and associate justice positions just 10 days apart, requiring the Judicial and Bar Council (JBC) to submit separate lists of nominees to President Ferdinand Marcos Jr.
All five applicants seeking to become the next chief justice have made the shortlist of nominees, while the JBC is finalizing the shortlist for the associate justice post to be vacated by Associate Justice Amy Lazaro-Javier.
Chief Justice Alexander Gesmundo will retire on Nov. 6, and Lazaro-Javier on Nov. 16. Both will reach the mandatory retirement age of 70 on those dates.
The five candidates for chief justice are Senior Associate Justice Marvic Leonen and Associate Justices Alfredo Benjamin Caguioa, Rodil Zalameda, Japar Dimaampao and Jose Midas Marquez.
The JBC completed its public interviews of the five aspirants on Oct. 26, after interviewing Leonen and Caguioa on Oct. 22 and Zalameda, Dimaampao and Marquez on Oct. 26.
The council is narrowing the field for Lazaro-Javier’s replacement. The applicants vying for the position include Sandiganbayan Presiding Justice Geraldine Faith A. Econg, Bureau of Immigration Deputy Commissioner Aldwin F. Alegre, Legal Education Board chairman Jason R. Barlis, Court of Appeals Associate Justice Lily Biton, Commission on Audit Chairman Gamaliel A. Cordoba, Commission on Elections Commissioner Ernesto Perez Maceda Jr., Government Corporate Counsel Solomon Mateo Hermosura, private lawyer German Quintos, Lichauco 2nd, Solicitor General Darlene Marie Berberabe, former CA presiding justice Fernanda Lampas Peralta, CA Associate Justice Nina Antonio-Valenzuela, CA Associate Justice Ramon Bato. Jr., CA Associate Justice Ramon Cruz, CA Associate Justice Maria Elisa Sempio Diy, CA Associate Justice Myra Garcia-Fernandez, CA Associate Justice Ronaldo Roberto Martin, CA Associate Justice Walter Ong, Sandiganbayan Associate Justice Karl Miranda, and Court of Tax Appeals Associate Justice Maria Rowena San Pedro.
The JBC acts as the main screening mechanism to ensure that candidates for the bench embody the standards of competence, integrity, probity, and independence.
Under Article VIII, Section 8 of the Constitution, the council is composed of the chief justice as ex officio chairman, the justice secretary, a representative of Congress, and regular members representing the Integrated Bar of the Philippines, the legal academe, retired Supreme Court justices and the private sector.
The search process generally begins with the publication of a vacancy and an invitation for qualified applicants or nominees to submit their credentials. The JBC then evaluates the applicants’ qualifications, professional records and other relevant information, including any comments or opposition submitted against them.
For Supreme Court vacancies, the council conducts public interviews to assess the candidates’ legal competence, judicial philosophy, integrity, independence and capacity to perform the duties of the office. The interviews also allow the public to scrutinize the candidates and their positions on issues affecting the judiciary.
After the interviews and evaluation, the JBC deliberates and votes on the candidates to be included in its list of nominees. Its rules govern the screening and voting process, while the Constitution requires a list of at least three nominees for every vacancy.
The JBC will submit its list of nominees to President Marcos, who then chooses the next head of the Supreme Court. Seniority is not a deciding factor, since the President is free to select any candidate from the shortlist.
